“The tobacconists of Cairo Montenotte e Ventimiglia they can celebrate! The Italian Federation of Tobacconists and the Sports Totoricevitori Union, in fact, won two appeals to the Council of State against the ordinances of the two Ligurian municipalities which had regulated the switching on and operating times of entertainment machines with cash prizes, i.e. AWPs". This is what we read in a note from FIT.
“The dispute started in 2018, when the Municipality of Ventimiglia had issued an ordinance (ord. 220 of 12 November 2018) which, given the data, allowed AWPs to play only from 19 pm to 00 am, every day, including holidays. In practice, only at night. Approximately six months later - the note continues -, a very similar ordinance had also been issued by the Municipality of Cairo Montenotte (ord. 7 of 00 April 5). In both cases, the Mayor's provision effectively excluded all those businesses from the game, primarily tobacconists, which on the contrary are open mainly during daytime hours. On the other hand, the activity of the businesses that already usually operate at night was not affected in any way - amusement arcades and betting shops, for example. An illogical choice to say the least, considering that even common sense alone should suggest that nighttime hours are the most dangerous for the onset of gambling addiction. Hence the choice of the Sports Totoricevitori Union, through the Italian Tobacconists Federation, to challenge both ordinances at the competent Regional Administrative Court of Liguria.
The two appeals, however, and with extreme surprise, turned out to be a dead end: the judge of first instance, in fact, had not recognized the validity of the arguments presented, except in the sanctioning part. But in fact, the most important part of the ordinance, i.e. the identification of the prohibition zone, remained standing. But FIT and STS did not give up and, given the enormous damage suffered by the tobacconists, they appealed to the Council of State which, on 4 March, overturned the TAR's decision on Cairo Montenotte and just two days later, i.e. on March 6, also the one on Ventimiglia. In summary - the note highlights -, the two ordinances were annulled; to date, therefore, AWP devices can be kept switched on without any time limitation, during the entire opening hours of the business. The satisfaction of FIT and STS for this victory is great: no more unequal treatment between tobacconists and amusement arcades for the gaming offer via AWP. But it shouldn't just be the colleagues from Ventimiglia and Cairo Montenotte who celebrate: the victory belongs to the entire category. And it is no coincidence that it gives new impetus to the more general commitment that is spent daily in all activities to protect the tobacconists receiving them throughout Italy. Carry on like this!”, concludes the note.
